Jesda wrote:Why would you subject yourself to a contract where the consequence is LOSING YOUR PROPERTY? The consequence is NOT proportional to the violation.
I agree with Hash. The penalty should be some form of collection or even wage garnishment, but not losing your home over some bullsh*t. HOAs are powerful because the assumed consequence of being without them is living next door to some Cuban immigrant who paints his house bright pink and hangs roast pigs in the front yard.
It doesnt have to be one extreme or the other. There has to be a REASONABLE contract that doesn't involve foreclosure as a consequence of hanging a gigantic US flag on the roof or putting a flamingo on the yard. Black and white thinking seldom reflects reason. HOAs have too much power, and people are too willing to give it to them.
At any rate, this person's HOA was an aberration. I read my HOA contract and the worst they can do is fine me, and then I could not pay it and it'd go to collections and have a credit report ding. They can't take my house. The vast majority of HOA contracts do not allow for seizure of the asset for the simple reason that mortgage lenders would never allow it.
In fact, I'm *convinced* that the mortgage lender in question is going to win out over the HOA in court, and the HOA will be liable to the lender (and ultimately, to the homeowner) for the value of the short (i.e. collateral value - $3500 sale price).
This was NOT the norm, the vast majority of HOA's are relatively benign organizations with minimal powers overseen by fairly reasonable people (i.e. the member homeowners) that enforce simple, practical rules with sane consequences. They are not evil by design, but as with anything else, if you give them outsize powers, some yutz will doubtless abuse said powers.
(way to make three posts in a row, by the way!)
EDIT: HOA's are almost always formed BY the homeowners, not by a developer or some other random party. In established neighborhoods, homeowners will often band together and form an HOA that enforces points that are already agreed upon by everyone living there. Then, when someone new moves in, they read the contract and only buy the home if they similarly agree with the guidelines. Obviously, like any other sort of transaction, it's caveat emptor, you need to do your due diligence before acquiring any real asset, and reading HOA docs (and similar commercial RE documents) are part of this.